Terms and Conditions

TERMS AND CONDITIONS

These Conditions of Sale apply to purchases made on the Italian page of the Prosa e-commerce www.prosabijoux.com, subject to the exceptions and modifications indicated below.
These Conditions of Sale and related documentation comply with the applicable provisions of Legislative Decree 206/2005 ("Consumer Code").

Parties and Policy
This website, at the URL www.prosabijoux.com is managed by Prosa s.a.s.., PROSA s.a.s. via Treccani, 2/15 Reggio Emilia 42122 Tax Code and VAT no. 02330780350


Products purchased on www.prosabijoux.com will be sold by PROSA s.a.s

The purchase of products on www.prosabijoux.com requires the user to read the privacy policy.


Purchases of products on Www.prosabijoux.com will be governed by the following terms and conditions of sale (hereinafter, the "Conditions of Sale").

  1. Notes on these Conditions of Sale


These Conditions of Sale apply to all orders and all purchases made on Www.prosabijoux.com.


With regard to purchases on Www.prosabijoux.com, Prosa will send its communications electronically via email or electronic communication. By using this online channel, users acknowledge that all declarations of intent, offers, communications, disclosures, and other notices will be issued or provided electronically, except in cases where the law requires them to be in written form.


These Conditions of Sale may be varied from time to time by Prosa, subject to the specific indication of the new effective date of their validity on the Www.prosabijoux.com website.


Any changes to the Conditions of Sale will apply to orders placed from the effective date (inclusive), provided that the Conditions of Sale, as amended, are visible on the site as the then applicable conditions. Before placing a product order, users will be given the opportunity to review these Conditions of Sale and will be asked to accept them.

  1. Purchase via personal account or "guest" mode

In order to place an order on Www.prosabijoux.com, the user can create a user account (username and password). The user is required to keep their password confidential and limit access to their password and account, and assumes responsibility for every action taken, and every purchase made, through their account.
Alternatively, the user can place the order in "guest" mode, without creating - or logging in to - an account.

  1. Placing an order

To purchase products on Www.prosabijoux.com, you must:
• have accepted these Conditions of Sale and read the privacy policy of Www.prosabijoux.com
• provide your name and address, phone number, email address, payment details, and other requested information;
• provide a valid delivery address (please note that Prosa does not deliver to post office boxes or automated parcel delivery points. Orders are shipped by courier and a physical person's signature will therefore be required upon delivery);
• in case of payment by debit/credit card, be the holder or authorized possessor of a valid debit/credit card to purchase the products; and
• in case of payments made via PayPal, be the holder of a valid PayPal account for the purchase of products.

The user can place an order by proceeding to checkout after clicking the "ADD TO CART" button. The user accepts that their order(s) is/are a proposal to purchase the product(s) indicated in the order pursuant to these Conditions of Sale.

Each product order is considered a separate purchase. All orders are then subject to acceptance by Prosa, which reserves the right to refuse, without having to provide any explanation, any order (including, by way of example but not limited to, orders for which there is a suspicion of fraud). The user will be notified if Prosa decides not to accept the order.

The user will have the opportunity to review their order(s), read and accept the Conditions of Sale, check the total price and characteristics of the order(s) and the information provided, and correct any input errors before confirming the order(s).

  1. Order processing and contract formation

Once the order(s) has/have been finalized on Www.prosabijoux.com according to the instructions made available on the website through the online ordering procedure, Prosa will send an email to the provided email address, confirming receipt of the order(s) and indicating the details of the ordered product(s) (hereinafter, the "Order Receipt Confirmation Email").

The aforementioned email does not constitute acceptance of the order(s): it is only a confirmation of receipt of the order(s) by Prosa.

The contract between the user and Prosa will be considered concluded only when Prosa sends the user an email to confirm that the product(s) has/have been shipped (hereinafter, the "Shipping Confirmation Email").

Prosa will not store an accessible copy of each version of these Conditions of Sale. However, it will send an email with the applicable Conditions of Sale for each purchase together with the Order Receipt Confirmation Email, for the user's future reference.

Please also refer to the Legal Notes page.

5. Prices, taxes and duties, shipping and handling costs

The price charged for a product will be the price indicated on the information/presentation page relating to the single product at the time the order is placed by the user, and will be indicated on the confirmation page that will appear to the user on the screen after the order is finalized and in the Order Receipt Confirmation Email.

Product prices include VAT or other applicable taxes and duties, but do not include shipping and handling costs.

Shipping and handling costs and related VAT or other taxes and duties will be indicated separately on a summary screen before the order is finalized, as well as in the Order Receipt Confirmation Email. Shipping and handling costs are determined based on the location and delivery method selected during the checkout phase.

  1. Payment

Payments must be made using one of the methods indicated below, and chosen during the checkout procedure, i.e., via VISA, MasterCard or Paypal.

Depending on the payment method chosen by the user, payment will occur in one phase (via Paypal) or two phases (via credit cards).

For credit cards (Visa, MasterCard), an authorization to debit is required at checkout. The types of credit and debit cards accepted are also indicated at the bottom of the Www.prosabijoux.com website. In the event that Prosa does not receive authorization, Prosa reserves the right to cancel the order placed by the user. The value of the purchase(s) will be debited from the respective card once Prosa has sent the user the Shipping Confirmation Email.

In the case of payment with Paypal, the value of the purchase(s) will be debited at checkout.

  1. Delivery

Shipping times are 3-5 working days for standard delivery and 1-2 working days for express courier delivery for available items, provided that payment is received before 3:00 PM on the day the order is placed. In any case, Prosa undertakes to ensure that, barring force majeure, delivery takes place within 30 days of the user's receipt of the Shipping Confirmation Email. Deliveries are made only within Italian territory.
In specific cases, such as the COVID-19 emergency, Prosa reserves the right not to deliver to areas considered "red zones" by the reference courier. Prosa receives updates from the reference courier whenever there are new territories where the courier is unable to deliver.

Prosa reserves the right to replace the courier responsible for delivering the order.
Each delivery will be preceded by the relevant invoice, sent by Prosa via email.

In the event that the user, without reasonable cause, postpones delivery, or delays receipt of the delivery after Prosa has notified of an attempted delivery of the ordered items to the user, or in the event that the user has provided an incorrect delivery address that resulted in failed delivery, the package will be returned to Prosa, and Prosa will be released from the obligation to deliver the items within the established delivery time.

Orders with standard and express shipping are processed via UPS courier and a signature will be required upon delivery. If no one is available to sign for the delivery, the courier will make a second delivery attempt the next working day. If delivery fails even on the second attempt, the courier's agent will leave a note with contact details so that the recipient can contact the courier to arrange delivery according to their needs. Please note that the order item will remain available at the courier's warehouse for 5 working days from the second delivery attempt.

Prosa shall not be liable for any delay or failure in delivery if such delay or failure is caused by circumstances beyond its control, including, but not limited to, acts of war or terrorism, strikes, national or local states of emergency, failure of transport infrastructure, interruptions in electricity supply or other utilities, earthquakes, other natural disasters, postponements or delays in delivery caused by the recipient.

  1. Product availability

If the product the user intends to order is no longer available, the user will be technically prevented from placing the order on Www.prosabijoux.com. Furthermore, in a few exceptional and unpredictable cases, a product indicated on the site as available may no longer be available after the order has been placed; in such a case, the contract between the user and Prosa will not be concluded and the user will be notified; the product, therefore, will not be included in the Shipping Confirmation Email that will be sent to the user. In the event that payment is made before the confirmation of the unavailability of the Product (e.g. via PayPal), Prosa will refund the sums paid by the user as soon as possible and in any case within thirty days of Prosa's communication of the unavailability of the Product.

  1. Compatibility, product information

The user is requested to verify, at the time of order, that the purchased products are compatible with the use for which the user intends them. We invite the user to use Www.prosabijoux.com as the ultimate reference when verifying compatibility. In case of discrepancy between the contents of Www.prosabijoux.com and any other site (or any other source of information), the compatibility of the products as indicated on Www.prosabijoux.com at the time of purchase will prevail. The user is requested to keep in mind that, due to the limitations of reproducing product images on screen, the exact color, size and design of the products on screen may differ from the actual characteristics of the products.

Notwithstanding the above, if the products the user has received do not correspond to those ordered, or if the delivery is incomplete or there has been damage during transport, we invite the user, for assistance, to contact Prosa without delay via email or telephone within the legal terms as indicated in paragraph 12 below.

  1. Ownership of products

Ownership of the products, and the related risk, transfers from Prosa to the user upon receipt of the products by the latter.

  1. Withdrawal, return, exchange and refund

Right of withdrawal. The user has 14 (fourteen) calendar days to withdraw from the contract with Prosa relating to the item(s) purchased on Www.prosabijoux.com.


Exceptions to the exercise of the right of withdrawal within the foreseen term.
Personalized products cannot be returned.

Exchanges
Subject to the user's right of withdrawal as described above, in addition, if the user wishes to exchange an item(s), they have 30 calendar days from receipt of the item(s) to replace the item(s) purchased on Www.prosabijoux.com, with the exception of personalized products.

During certain periods of the year, Prosa reserves the right to extend the exchange and return period.

In any case, the user's right to return one or more of the products received, within 14 (fourteen) days of their receipt, by exercising the right of withdrawal in the forms and methods indicated in the relevant paragraph, remains unaffected.

Exchange via Www.prosabijoux.com: To make an exchange, the user must fill out the form in the "contact us" section of Www.prosabijoux.com.

On Www.prosabijoux.com, it is only possible to exchange sizes and therefore change the purchased item for the same item in a different size; it is not possible to replace the product with another of equal or greater value. Once the product(s) has/have been received, Prosa will proceed to send the product(s) in the new requested size.

The user can request an exchange for multiple products belonging to the same order, provided they are returned together, within the same return package.

  1. Guarantees and legal rights

The user will be covered by a legal guarantee for purchased items that prove to be defective. In such cases, the user may
• 1. request the repair or replacement of the product (at their discretion, unless these remedies prove excessively burdensome or impossible for Prosa),
• 2. if both of the aforementioned primary remedies prove excessively burdensome or impossible for Prosa, the user may request to terminate the contract (with a refund of the purchase price by Prosa, upon return of the products by the user) or a reduction of the purchase price; or
• 3. request compensation for damages.

The purchased item is free from significant defects if, at the time of delivery, it possesses the agreed-upon quality. Insofar as no specific quality has been agreed upon between the parties, the purchased item is considered free from significant defects if:
1. it is fit for the purpose for which it is intended under the contract; and/or
2. it is suitable for its normal intended use and its quality is that normally found in items of the same type, and the buyer can expect such quality given the type of item. The term "quality" includes those characteristics that the buyer can expect based on publicly made statements about the specific characteristics of the purchased item by the seller, manufacturer or their representative (including but not limited to: on advertising or identification material), unless the seller was unaware of the statement and was not obliged to be aware of it, or unless, at the time of entering into the contract, the quality was modified but remained at the same level, or was not relevant for the decision to purchase the item.

Prosa will bear all necessary costs to remedy the defect; in particular: transportation costs, staff travel expenses, labor, and materials. Prosa may refuse to proceed with the type of remedy chosen by the user if such a remedy is only possible at a disproportionate expense. In this context, particular consideration must be given, by way of example but not limitation, to the value of the defect-free item, the extent of the defect, and the possibility of resorting to alternative remedies without causing substantial harm to the user. In such a case, the claim will be limited to the alternative remedy; and Prosa will also retain the right to refuse the alternative type of remedy, subject to the requirements of point 1 above. If Prosa provides a defect-free product to remedy a user's request regarding a defective product, Prosa may request the return of the defective product.

The user has the right to report a defect in the purchased product only if they notify Prosa immediately after detecting it, or immediately after they reasonably should have detected it. Defect reports made within two months of their discovery are considered timely. The legal guarantee, relating to the non-conformity of a purchased product with what was agreed in the contract, expires two years from the purchase, without prejudice to the user's right to request a price reduction or compensation for damages, as an exception in the context of legal actions aimed at obtaining payment of the price of the purchased items.

Users are required to keep the order confirmation/invoice (and forward it to the recipient of a gift product, if applicable) as original proof of purchase of the product, which must be attached to activate the legal guarantee. Inserting counterfeit charms or charms from other brands on Prosa bracelets could damage them. Therefore, Prosa will not be responsible for defects caused by such use, and damage to Prosa products resulting from such improper use will not be covered by warranty.

  1. Liability

These Terms of Sale set forth all of Prosa's obligations and responsibilities regarding the sale of products through Www.prosabijoux.com. In particular, Prosa does not guarantee that the products are suitable for the purposes/expectations foreseen or requested by the user.

Nothing in these Terms of Sale shall exclude or limit liability provided by law for death or personal injury caused intentionally by Prosa due to its negligence or that of its employees, for damages caused intentionally by Prosa or due to its gross negligence or that of its employees, nor shall it limit essential rights or duties inherent in the nature of the contract, to the extent that the achievement of the contract's purpose is compromised, or any other liability that cannot be excluded or limited by law.

Prosa shall not be liable under contract, tort or otherwise for economic losses (including, by way of example but not limitation, loss of profit, loss of revenue, contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or loss or damage of any kind, or for claims by the user and/or third parties, except as expressly provided herein, and except for damages arising from Prosa's liability for death or personal injury caused intentionally by Prosa or due to its negligence or that of its employees, for damages caused intentionally by Prosa or due to its negligence or that of its employees, and except for those acts that limit essential rights or duties inherent in the nature of the contract, to the extent that the achievement of the contract's purpose is compromised.

  1. Severability

If any provision of these Terms of Sale is held to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Sale and shall not affect the validity or enforceability of the remaining provisions. The unlawful, void, or for any reason unenforceable provision shall be replaced by a valid provision whose ratio or "economic purpose" approximates as closely as possible the unlawful, void, or for any reason unenforceable provision.

  1. Contacts

Contact us at +39 0522556542   Monday to Friday from 10:00 to 18:30, or send an email to info@prosabijoux.com

  1. Applicable law

These Terms of Sale and the purchase of products from Prosa via Www.prosabijoux.com will be governed by, and interpreted in accordance with, Italian law.
In the event of disputes relating to the product purchase contract or in connection with the purchase procedure on Www.prosabijoux.com or in relation to these Terms of Sale, the user will always have the right to bring proceedings before the Court of their place of residence or domicile.

Users may resort to out-of-court dispute resolution procedures, as per articles 141 to 141-decies of the Consumer Code. The European Commission's Online Dispute Resolution platform is available at http://ec.europa.eu/odr.

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